SCHUMER BLASTS FDA FOR LACK OF CLARITY AROUND RULE INTERPRETATION THAT HAS LEFT CHEESEMAKERS ACROSS NYS UNSURE IF THEY WILL BE ABLE TO CONTINUE AGING CHEESE WITH WOODEN BOARDS – WITHOUT CLEAR GUIDELINES FROM FDA, UPSTATE NY CHEESE PRODUCERS COULD BE FORCED TO MAKE COSTLY CHANGES TO PRODUCTION METHODS
Schumer Urges FDA To Issue Clear Guidance to Upstate NY Cheesemakers Around Unclear Mandate That Could Severely Limit Use Of Wooden Boards Long Used To Age Cheese – Urges FDA To Allow Traditional Cheese Production To Continue Without Disruption
Cheesemakers Have Used Wooden Boards For Centuries To Age Cheese – Competitors EU and Canada Allow Use of Wooden Boards for Cheese, So Should The U.S.
Schumer to FDA: Lack of Clarity Threatens To Spoil the Growth of Artisanal Cheese Industry in New York
Wednesday, on a conference call with reporters, U.S. Senator Charles E. Schumer urged the U.S. Food and Drug Administration (FDA) to issue clear guidelines to artisanal cheesemakers in Upstate New York around a potential new mandate that cheesemakers fear could require them to abandon the centuries-old practice of using wooden cheese boards to age cheese. Schumer explained that the FDA issued an interpretation of one of its own safety rules, and cheesemakers across Upstate New York believe that, as a result of this FDA interpretation, they will no longer able to use wooden boards as part of the cheese-aging process. However, the FDA has not been clear about how its interpretation will affect cheesemakers. Schumer explained that the use of wooden boards to age cheese is a common practice – one that has gone on for centuries – and will say that any safety concerns with wooden boards disregard scientific evidence that has shown them to be safe for use in aging cheese. Schumer noted that cheesemakers believe the FDA’s new rule interpretation could force them to undertake costly renovations in order to comply with new cheese-aging restrictions, and could drive some cheesemakers completely out of business. Schumer said that the lack of clarity from the FDA is creating confusion among Upstate New York cheesemakers about the future of their businesses and is undermining the burgeoning Upstate New York artisanal cheese industry. In light of the confusion, and the potentially disastrous impact of any new mandate that requires cheesemakers to change their practices, Schumer called on the FDA to issue clear guidelines to Upstate New York cheesemakers on the use of wooden boards and reconsider any potential regulations that would prevent cheesemakers from using wooden boards to age cheese.
“Using wooden panels or shelves to age cheese is a practice that artisanal cheese producers have used for centuries, if not thousands of years, so the FDA calling into question its safety is the kind of thing that makes you want to scratch your head,” said Schumer. “The FDA has not made their policy clear, and this has created significant confusion, fear and uncertainty among Upstate New York’s cheesemakers, which threatens to undermine the growth of our burgeoning artisanal cheese industry. That is why I am asking the FDA to provide guidelines to cheesemakers that will make it crystal clear that wooden panels and shelves are safe to use for aging cheese both now and in the decades to come.”
Schumer continued, “The FDA is rightly focused on making our food as safe as possible, but in this instance they have focused their attention on the wrong thing and have failed to take into account how such an interpretation would affect the cheese industry. Regulating wooden aging boards would be a classic case of bureaucratic overreach and the FDA should clarify their interpretation post-haste, otherwise Congress can pursue legislation to compel them to do so.”
Schumer noted that he understands the FDA’s upmost concern is the safety of American consumers, and he applauded their efforts, but in this instance it is clear that the FDA has misdirected their focus on the wood that cheese is aging on, rather than the sanitary practices that keep the wood a safe surface for producers to age cheese.
“This FDA ban on wood aging would deliver a financially crushing blow to New York’s artisanal cheese makers,” said Tom Murray, CEO of Muranda Cheese in Seneca County. “All of Muranda’s 14 cheeses have long been safely aged on wood. It would cost an estimated $40,000 if we were forced to retrofit even just one of our three wood aging rooms.”
“If the FDA were to ban wood curing, it would be a blow to our 120 employee business just as we are in the middle of an expansion to ultimately grow our natural cheese production capacity,” said Brian Bailey, V.P. of Operations and Master Cheesemaker for Yancey’s Fancy in Genesee County. “We now wood cure several cheeses including Gouda and this ban would complicate our future plans to add new product lines.”
“This rule is going to sink a lot of us if something isn’t done. I’m pretty confident you will not see French and Italian producers stop using wood to cure their cheese.” said Bob Sweitzer, co-owner of Cooperstown Cheese in Otsego County. “It’s definitely reassuring to see that Senator Schumer has brought this issue to light. We hope to see the rule struck down so that we can continue to cure our cheese properly.”
Many cheesemakers across New York State use wooden boards or shelves to age their cheese. It is a practice that has gone on for centuries because wood is considered an excellent material for wicking away moisture – a critical part of the cheese-aging process – and the wood can even add flavor to the cheese, similar to the way wooden casks play a large role in the taste of wine and beer. However, even though wooden boards have been used for centuries to age cheese, Upstate New York’s cheesemakers are currently in a state of confusion around whether they can continue to use these wooden boards. This confusion is due to a recently released FDA interpretation the agency’s current good manufacturing practices (cGMP), in which the FDA said that the use of wooden shelves or boards might no longer be allowed since these surfaces are not deemed to be “adequately cleanable.” Many cheesemakers are unsure whether this interpretation means they will need to transition to using different materials – such as plastic or steel – and if they need to fear being shut down by the FDA if they do not comply with the regulation. Therefore, Schumer is urging the FDA to swiftly provide crystal clear guidelines that will assure artisanal cheesemakers that no significant changes to the cheese-aging process will be required in order to comply with the law.
Schumer explained that many cheesemakers have invested decades of hard work into their cheese-making practices, and some have invested millions of dollars into cheese-aging facilities made primarily out of wood. If forced to switch to a new surface to age cheese, many cheesemakers would need to invest huge sums of money in order to comply. One Upstate New York cheesemaker, Muranda Cheese, based in Seneca County, estimates that it would cost them $40,000 to retrofit a single one of their three wood-aging rooms. According to Schumer, this is money that many artisanal cheesemakers do not have, and therefore any potential rule could force artisanal cheesemakers out of business based on cost alone and reverse the progress that has been made in growing New York State’s cheese industry.
Schumer pointed to several scientific studies which conclude the wooden aging process to be safe, including the Wisconsin Center for Dairy Research, which found, after evaluating dozens of scientific articles that examined the procedures for maintaining wood boards, that the benefits of wood-aging for cheese far outweigh the risks. In addition, Schumer referenced studies in the scholarly journals Food Control and European Journal of Wood and Wood Products that each concluded wood was a safe surface for aging cheese. In fact, the study in Food Control found that the presence of harmful bacteria may actually decrease over time on a wooden board. Schumer noted that he understands the FDA’s concern is the safety of food for American consumers, but in this instance it is clear that the FDA has misdirected their focus on the wood that cheese is aging on, rather than have the sanitary practices that keep wood a safe surface for producer to age cheese.
Schumer noted that the European Union and Canada, two of the United States’ biggest competitors in the cheese industry, do not have any rules prohibiting the use of wooden boards for aging their cheese. Therefore, any potential regulation imposed on U.S. cheesemakers would make them less competitive in the global market. Schumer also explained that any potential regulation is particularly damaging because, for many cheeses produced in Upstate New York, the fact that it was “ripened” over wood is part of the very definition of that kind of cheese.
Schumer said that for something as far-reaching as potential restrictions on how cheese is made, there should be a rigorous scientific research process as well as a public comment period.
According to the United States Department of Agriculture’s (USDA) National Agricultural Statistics Service (NASS), New York State produced 754 million pounds of cheese in 2012, making it a real driver of economic growth and job-creation across the state. According to Schumer, there are at least 75 cheesemakers in Upstate New York, the majority of which use wooden boards, panels, or shelves for aging:
· In the Capital Region, there are an estimated 18 total cheesemakers.
· In Western New York, there is an estimated total of 1 cheesemaker.
· In the Rochester-Finger Lakes Region, there are an estimated 9 total cheesemakers.
· In the Southern Tier, there are an estimated 18 total cheesemakers.
· In Central New York, there are an estimated 11 total cheesemakers.
· In the Hudson Valley, there are an estimated 9 total cheesemakers.
· In the North Country, there are an estimated 9 total cheesemakers.
In light of a lack of clarity around the impact of a recent FDA rule interpretation on the wooden boards many Upstate New York cheesemakers use to age their cheese, Schumer is calling on the FDA to clear up the confusion and issue guidelines that will allow cheesemakers to continue using the same, safe cheese-aging practices they have used for centuries.
A copy of Senator Schumer’s letter to the FDA appears below:
Dear Commissioner Hamburg:
I write you today to express my concern about the Food and Drug Administration’s (FDA) recent public interpretation of the current Good Manufacturing Practices (cGMP) at 21 CFR 110.40(a) that would result in the discontinuation of the centuries old practice of aging cheese on wooden boards. The enforcement of this interpretation would be devastating for artisanal cheese makers in New York and across the country, because it will not only place a significant financial burden on these small businesses, but it also will essentially stop the production of many cheeses that traditionally are aged on wooden boards. I commend you on your dedication to achieving the highest food safety standards for American consumers, but I urge you to immediately issue guidance to the artisanal cheese industry on the use of wooden boards that reflects recent studies that wood can be used safely for aging cheese. FDA’s recent actions have created tremendous confusion and uncertainty for cheese makers. In addition, I hope that FDA will provide direction to the industry on what the FDA considers are the best sanitary practices to maintain wooden boards to meet the highest food safety standards.
As you know, in recent communication with the New York State Department of Agriculture and Markets, the FDA publicly stated that the agency considers wood boards to be an unsanitary material for aging cheese. However, many methods of cleaning and maintenance exist for wood boards that are used for aging. I urge the FDA to work with the artisanal cheese industry to give guidance on the best existing methods for the sanitary practices to safely maintain wooden boards for aging, such as kiln drying, heat treating, and the use of sanitizing products. Both Europe and Canada, some of our largest trading partners, recognize this as a safe practice and an integral part of cheese-making heritage. In addition, the Wisconsin Center for Dairy Research has recently found that wood boards do not seem to present any danger of contamination as long as a proper cleaning procedure is followed.
The artisanal cheese industry is a unique driver of the rural economy and represents the entrepreneurial spirit of New York’s farmers and small business owners. New York cheese producers annually produce more than 750 million pounds of cheese and that number continues to grow every year.
Thank you for your ongoing work to protect our nation’s food supply from food borne illness, but I urge you to work with the artisanal cheese industry to give guidance that allows for the safe continuation of aging cheese on wooden boards. I look forward to working with you and cheese producers across New York on this important matter.
Sincerely,
Charles E. Schumer
United States Senator